The DC Circuit’s Big CFPB Ruling Carries Wide Implications. Here’s What’s Next

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The fight ended, or so it appeared, with the CFPB’s leadership structure being declared unconstitutional by the D.C. Circuit Court in a 2-1 vote. But the CFPB appealed the ruling, asking the entire court to decide the case from scratch rather than the three-judge panel that ruled on the case in October 2016.

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On October 11, 2016 the D.C. Circuit in PHH Corporation v. CFPB, No. 15-1177, struck down the Consumer Financial Protection Bureau’s (CFPB) leadership structure as unconstitutional. In short, the court ruled that Congress may not create a powerful independent agency led by a single director, rather.

On January 31, 2018, the US Court of Appeals for the District of Columbia Circuit issued a ruling en banc in PHH Corporation v.CFPB that may have a significant impact on the future operations of the CFPB, as well as on industry participants’ responses to supervision and enforcement. Specifically, the court upheld the constitutionality of the CFPB’s structure as an independent financial federal.

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News The DC Circuit’s Big CFPB Ruling Carries Wide Implications. Here’s What’s Next The decision Wednesday upholding the agency’s power structure won’t be the last word.

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DC Circuit Court of Appeals Finds Structure of CFPB to be Constitutional: What The Most Recent PHH Mortgage Decision Means for You . The financial world waited with bated breath for the en banc decision of the DC Circuit Court of Appeals (the En Banc Court) in PHH Corporation, et al. v. Consumer Financial Protection Bureau, No. 15-1177,

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